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Case T-290/15: Action brought on 31 May 2015 — Smarter Travel Media/OHIM (SMARTER TRAVEL)
ECLI:EU:UNKNOWN:62015TN0290
62015TN0290
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10.8.2015
EN
Official Journal of the European Union
C 262/33
(Case T-290/15)
(2015/C 262/44)
Language of the case: English
Parties
Applicant: Smarter Travel Media LLC (Boston, United States of America) (represented by: P. Olson, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Details of the proceedings before OHIM
Trade mark at issue: Community figurative mark containing the word elements ‘SMARTER TRAVEL’ — Application for registration No 12 460 044
Contested decision: Decision of the Second Board of Appeal of OHIM of 20/03/2015 in Case R 1986/2014-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order OHIM to pay the costs.
Pleas in law
—The Board of Appeal erred in finding that the mark was not distinctive;
—The Board of Appeal erred in misapplying the Bild decision;
—The Board of Appeal erred in not taking into account that the trademark contained an independently registrable element;
—The Board of Appeal erred in not taking into account that the same trademark with a different logo had been registered for essentially the same services and that the new application is merely a modernization;
—The Board of Appeal erred in not making a global assessment.